I request some help on how to proceed and what is required for self filing 485 for child born in India. We have already filed 485 3 yrs ago and awaiting Approval( delayed due to retrogression). Now since the dates have become current we would like to add our child who was born in India and currently living with us here ( we are still maintaining H1 and H4 status valid). I wanted to find out what documents and letter( to build the case) is required for adding our child to the application. Also would like to find out if we need to attach our child to existing application(mother or father) or file is seperately. Anybody please advise

thanks krishna

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overseas

10-22 08:22 PM

Many congratulations Inderman, enjoy your freedom.

I've sent 7001 form to ombudsman and wondering how many days it will take to get a response from them. Can you tell us how long it took for you to get response and how did they contact you? Also after sending 7001 did you follow up by calling or mailing ombudsman?

Thanks.

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senthil1

04-23 09:54 PM

This is a good bill. The 50% rule will impact Indian bodyshoppers and Top Indian outsourcing companies. But genuine companies like Microsoft,Google, Oracle and other US companies will not be impacted that much as they sincerely search whether US talent is available. But will it pass? In 2007 it did not move as they planned to consider for CIR. This time also same argument may come. But some genuine Indian consulting companies also will be impacted. But system will adjust quickly even if this bill passes.

The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.

Here are the relevant sections of the INA which unambiguosly states the above.

Here is what Section 203 of the Immigration and Nationality Act states -

EB1 -

(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............

EB2 -

(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............

EB3 -

(3) Skilled workers, professionals, and other workers.-

(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........

If all these years they were misinterpreting the law, where were lawyers and AILA raising their voice to correct this mistake? This error was deeply affecting the clients of lawyers.

We need to see more proactive activism of lawyers in matters such as these that are very important for the community. If not, members need to learn the law and do such research themselves. IV core team has been trying its best to read the law and create presentations and research documents whenever we have an important action item or bill on the floor. I would urge the community to read the law on their own as and when needed and raise their awareness.

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desi485

11-18 04:14 PM

Hi guys,

I sent in the four letters 2 weeks ago and this week I got a mail from TEXAS Service Center. They returned my letter in original and they also wrote a big one page letter.

I don't have it with me right now but in it, it was mentioned that "Please call us at our inquiry center if you have any inquires or you can check your status online as well as the recent processing times.

Don't know if others are also receiving the same returned mail but I wanted to let you guys know this as an FYI.

It does not seem like the letter reached the person to whom it was directed to.

Dr. Martin recommends that: 1.Policies must be flexible enough to respond to changing market conditions; 2.Visa categories, which have become so complicated they often require professional assistance to navigate, should be simplified; 3.The government apparatus for managing applications should be better funded and more efficient; 4.Requirements for workers and employers should be reasonable and consistent with the way the labor market functions (so for jobs that are not temporary, workers should be given an option to transition to permanent status); 5.Workers should have mobility among jobs and employers; and 6.Employment of unauthorized migrants must be curtailed. Does anyone know what happened in this breakfast meeting..

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sparky_jones

10-06 01:29 PM

Being stuck in the EB3 conundrum, I usually find it hard to bring myself around to feeling good about the turn of fortune for folks in other categories. But I have to say that you completely deserve the turn of the GC fortune. Your helpful and positive attitude is very inspiring. Good luck for the future, and wish your family the best of health.

There has been some requests for the letter format that I sent to Napolitano and Mr. President. I can't put them in the public domain but I'll be happy to send them if you give your personal email ids.

Yesterday was a very eventful day for me...in the afternoon my wife got approved and 12 hours later we had to call in emergency 911 to take her to the hospital as she was having such strong chills and violent shakings..we all got scared and we have a 2 and half month baby on top of that.....but with strong dose of antibiotics and drips she is better and back.....wow what a day and night.....

In any case I'll answer all your queries....I feel the option 4 is the best way to get to TSC...I have always used that....congressman's office has discretionary powers and you should use that.....use strong words it is your right......they are here to serve you unlike in India where they are there to get pocket your money....no pun for my motherland but unfortunately it is true....

Try a time frame of 4:30-5:30 EST to call the TSC or NSC for that matter...ppl are in a better mood at the end of the day and on thursdays and fridays.....ping your lawyer and ask him or her to intervene......if you know for sure your case is preadjudicated write it strongly in your mails to DHS and others.

I had in fact attached the previous year letters and their responses back to me in my last mail to Napolitano and it was really quite strong.....I am sure it is hard not to take a note of it......I don't mince words and I believe that one should fight for one's rights....

I have been associated with organizations like ASHA, AID and DISHA for long and that have taught me a lot too.............

Again your attitude should be "You have nothing to loose"...so make a best case for yourself and go for it...

I am ready for anything GC, conditional GC or Citizenship which ever comes first. If it is required funding we can start a new funding drive. But we need to start actively. Still I beleive that we should ask for conditional GC first because USCIS itself can make a rule to give a conditional GC for people who are waiting for GC more than 5 years and staying legally in this country last 10 years.

We need to collect friends who are in same situation.

We should take advise from attorney if they can give some kind of help.

Good news for your guys. I am EB3 but recently my labor got approved in EB2 and very soon I am going to port PD from old labor. :DHa..:Dha..:Dha..You can?t stop me and very soon I am going to stand in front of you in EB line.

How come you couldn't file in eb2 in the first place? Not a personal statement, but I'm still trying to understand this matter.

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northstar1

07-15 02:55 PM

Guys',

If you haven't already pls take a moment to digg the Washington Post coverage of yesterday's rally:

Washington: In an eloquent display of Gandhigiri, unhappy Indian green card seekers sent hundreds of flowers to the US immigration agency to protest a last minute reversal in policy that would impede their way to permanent residency.

Inspired by the hit Hindi movie Lage Raho Munnabhai that extolled Gandhian ways of non-violent protest, the green card applicants plan to send around a thousand flower deliveries to US Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez in a three-day campaign that started on Tuesday.

The protest followed the abrupt reversal last week of a June announcement offering expedited processing of green card petitions for thousands of skilled foreign professionals working under H1-B visas - reserved for skilled workers in computing, engineering and other special professions.

Thousands of such visa holders scrambled and spent money on lawyers and medical exams to beat the July 1 deadline for green card applications. The abrupt change sent them back to the queue for 2008.

Besides India, skilled workers from China, Poland and many other countries will now have to spend more time and money to get the coveted green cards - a halfway house to US citizenship.

"The idea is to push them to honour their earlier notification," said Aman Kapoor, founder of Immigration Voice, a forum that inspired the unusual protest.

Indians are the worst hit by country quota caps for immigration visas, which treat a billion strong India, boasting a highly skilled workforce, on par with a country like Trinidad and Tobago of one million souls, he said.

On its part, the USCIS response was equally pacific. It plans to forward the flowers to Walter Reed Army Medical Centre and Bethesda Naval Hospital in Washington, the main facilities treating US soldiers wounded in Iraq and Afghanistan, said Gonzales in a statement on the agency website.

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485Mbe4001

10-03 02:38 PM

i dont think the country makes a big difference, i have two friends stuck in name check (one was born in canada with an english first and last name). i think its the combination of the name, DOB and a crappy system

Are there certain countries that seem to have an eaiser time clearing name checks? I am from Canada- does anyone have any info?? Thanks

Yes, it matters, all those guys whom I speak about has RD of July 2nd 07 Let us assume that EB2 is going to be current in a year or even sooner than that. Given that situation, and arguing that about 500 people jumped ahead into line over you in to EB2 from EB3, still I do not foresee that their GC's will be approved before the people who are already in line, because

1) as FIFO is not being followed by USCIS, probably they are processing cases based on RD, 2) PD porting is effectively done at the time the second I-140 IS APPROVED. At I-485 stage you can only hope to PD recapture and cross your fingers after sending a no fee letter. This will surely would need additional scrutiny, hence is not a so called 'Low hanging fruit'. Even if an EB3 person wants to start his process right now, it will not be probably before a year and half to two years before he/she is ready to port, and by that time you are past the gate or significantly nearer.

so my point of view is if you look at this thing negatively, you would have a Heartburn and related health issues, but if you are positive and an optimist you would deserve what you get.

stay healthy! that is more important than stressing yourself on issues which in the long term do not matter really. (You will get GC on or two rears later in the worst case scenario). cheer up folks:D:D:D

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pansworld

07-15 06:01 PM

Thanks!!!

You can find material for this on www.competeamerica.org (http://www.competeamerica.org).

Man this is Federal government dude and more over part of DHS. This is not a privately owned corrupted company where they can dick around with people.

Govt agencies are more susceptible to bungling things than private companies. I can quote numerous examples but that will take the discussion away from the core subject.

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poddar007

01-16 08:59 AM

What is this case#

amit

Hi,

I'd posted a note earlier. I haven't received any updates yet. I am in contact with 4 other people who interviewed on 4th Jan and are still awaiting a reply. The kentucky number mentioned in one of the replys confirms the date on which our H1 was approved. When you call up the number, on mentioning your case #, it pulls up the date on which H1b was approved.

Could anyone who's received a email/ call please post a message to the group, indicating the wait time and date of the first interview?

Thanks!

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sk2006

09-27 06:00 PM

Two things about VONAGE:

1. Tax kills the deal. For me its coming more than $31 per month. 2. I searched on google about calls review. Many people are complaining that the call quality is not that good. On peak times, they do face issues.

Still calling unlimited india is a very tempting idea.;)

Taxes are inevitable! I personally haven't seen any issues with Call quality. Infact Call quality is excellent.

leo2606

07-31 07:23 PM

Bump

ras

01-09 07:50 AM

And also his daughters Jenna and Barbara :)

Tell them little more about ur degrees, achievements, personality and physical appearance too. May be they get impressed and recommend to their father...;)